Letter of Claim BWLegal/Premier Park LTD

James90210

Hello folks,

Firstly, thank you to all those who take time out of their day to help people with forums like these!

I've received a Letter of Claim from BWLegal for a supposed parking fine from September 2018. I've followed the newbie FAQ, and have emails ready to send to both Premier Park Limited and BWLegal for the SAR etc
I just wanted to clarify something however - following the template for the SAR request to Premier Park,
 - do I have to include my phone number as suggested by the template?
- and do I add the PCN reference number??

Many thanks

Le_Kirk

You don't need to add phone number.  It might help get your data quicker if you use a copy of the PCN (along with a scan of your V5C) - assuming your address is correct on both - to prove your identity.

James90210

Le_Kirk said:

You don't need to add phone number.  It might help get your data quicker if you use a copy of the PCN (along with a scan of your V5C) - assuming your address is correct on both - to prove your identity.

Ok thank you - I assume a utility bill is ok in place of the V5C?? I'd have to mooch around to find the V5C.

I saw in another thread a recommendation not to submit the request to the parking firm/bwlegal until the 27th/28th day of the 30 day period to respond. Is this correct - or is it just playing for time?? Personally would rather just email now, rather than risk forgetting at a later date if there's no real reason for delaying.

Many thanks

Le_Kirk

There is no need to wait to submit a SAR as you want that information as soon as possible  The only waiting game to play is if you are in receipt of a LBC/LOC and you tell the claimant that, whilst you deny the debt, you are seeking debt advice and you require them to put the matter on hold for 30 days in line with the pre-action protocol for debt claims 4.0.  You do not mention this to the claimant but it will give time for your data to arrive as the PPC has 30 days to supply it.

James90210

Le_Kirk said:

There is no need to wait to submit a SAR as you want that information as soon as possible  The only waiting game to play is if you are in receipt of a LBC/LOC and you tell the claimant that, whilst you deny the debt, you are seeking debt advice and you require them to put the matter on hold for 30 days in line with the pre-action protocol for debt claims 4.0.  You do not mention this to the claimant but it will give time for your data to arrive as the PPC has 30 days to supply it.

Great, I'll go ahead and send the emails to Premier Park and BWLegal and update when I hear back.

Many thanks

James90210

Hi folks - I've now heard back from Premier Park who have sent me a list of the dates of the letters which they have sent out and a brief header/description of each letter.

They also attached 2 close cropped pictures of the vehicle, front and rear with time stamps in the corner which I assume are entering/exiting.

I did not receive a readout of the PDT machine as requested - just the above.

Any ideas where I go from here??

BWLegal also responded confirming the case is currently on hold whilst i seek debt advice.

Thanks in advance!

James90210

Just to add a bit of detail - I had entered the site which is a large complex I'd never visited before to attend a friends birthday party. I pulled in inside the complex and hopped out to ask inside one of the restaurants where the building was we were looking for - big queue as it was a busy weekend, took a while to get to the front as they were dealing with large families and ask someone. Walked back to the car now knowing where it was, drove around the large car park to the rear and then got out and into the building finally (to get change for the machine + meet our friends), only to see our friends now leaving early and moving on elsewhere. So we returned to the car and left... obviously not realising it was an ANPR job on the way in and the clock was ticking the moment we crossed the threshold.

Coupon-mad

So you didn't actually park or accept the parking contract.  Standard stuff for many ANPR cases.

No doubt you are aware of this from reading the forum this month:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

James90210

Coupon-mad said:

So you didn't actually park or accept the parking contract.  Standard stuff for many ANPR cases.

No doubt you are aware of this from reading the forum this month:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

I've had a quick skim read before work, interesting stuff re the ANPR readers - and also, good to see you back on the forum after you all had your accounts suspended. Do these people have any sense of scruples?

Just to be clear then - for now do I just hang tight to see if the LBC now turns into an actual claim?? From my SAR request, I received a copy of the dates letters sent and their headers + 2 anpr snaps of the vehicle.


I just can't get over how predatory these companies are - there was no entry system/barrier etc on entry which would make it more clear that you were on an ANPR system. So I was completely oblivious to it. I have no problem paying for parking if it's made clear that i'm expected to do so simply for crossing an invisible line. Big sigh!!

Coupon-mad

BWLegal also responded confirming the case is currently on hold whilst i seek debt advice.
Just to be clear then - for now do I just hang tight to see if the LBC now turns into an actual claim?

You could adapt this:

https://forums.moneysavingexpert.com/discussion/comment/79013418#Comment_79013418

I'd love to see BW Legal's reply.  They don't like me much, even more so now, I expect.

James90210

Coupon-mad said:

BWLegal also responded confirming the case is currently on hold whilst i seek debt advice.
Just to be clear then - for now do I just hang tight to see if the LBC now turns into an actual claim?

You could adapt this:

https://forums.moneysavingexpert.com/discussion/comment/79013418#Comment_79013418

I'd love to see BW Legal's reply.  They don't like me much, even more so now, I expect.

How does the below sound??

--

To whom it may concern,

Continuing on from my recent debt advice, I feel I should bring to your attention the new statutory Code of Practice and Enforcement Framework which I'm assuming you've had time to read. I'd suggest you desist your (to quote DLUHC's Neil O'Brein MP) "intimidtaing letters, designed to extort money from motorists' you are continuing to send me. The alleged 'debt' is robustly and fully disputed. I ask that you cease work on it immediately, (please read the FCA Conc rules about disputed debts), hand the case back to your client and find an easier victim to prey on.

Best